Baker Act Revisions Draw Fire

Critics Say Measure Doesn't Help Elderly

January 9, 1996|By NANCY McVICAR Staff Writer

A bill that was supposed to protect Florida's elderly from being forced into psychiatric hospitals against their will is too weak to prevent nursing home residents from being shanghaied out of their beds, critics say.

The House Aging and Human Services Committee is scheduled to vote Wednesday on its revisions to the Baker Act, the Florida law that permits forced psychiatric examinations, hospitalizations and treatment.

"[The bill) is awful. There's no other word for it," said Broward assistant public defender Frederick A. Goldstein, who often represents people hospitalized under the Baker Act.

"If this is what they're going to do, then they shouldn't do anything," Goldstein said.

The measure grew partly out of a Sun-Sentinel series late last year that revealed the Baker Act was being used to move the frail elderly from nursing homes - and sometimes their own homes - into private psychiatric hospitals.

Medicare pays for the psychiatric hospitalization and Medicaid continues to pay the nursing home to keep the patient's bed open.

The investigation found that people over 75 are more likely to be hospitalized under the Baker Act than any other age group.

The proposed bill still allows nursing home patients to be moved involuntarily to psychiatric hospitals, but requires a licensed professional to examine them first.

It also provides for court appointment of a guardian advocate to represent the patient; allows the patient to make phone calls, and allows family members to visit.

But the bill contains no penalty to deter private psychiatric hospitals from paying a fee or kickback to social workers, nurses or doctors who use the Baker Act to bring in patients.

"The only logical, responsible legislative answer to the bounty-hunting and elder-napping is to take the power away from those people who have completely abused the statute and the citizens they prey upon," Goldstein said in a letter to committee Chairwoman Mary Brennan, D-Pinellas Park.

Goldstein said the committee has been heavily lobbied by private psychiatric hospitals and doctors, and the result has been a watered-down bill.

Jayne Johnson, a mental health advocate and lay member of the mental health practice committee of the Palm Beach County Bar Association, said the proposed bill "changes things that didn't need changing, and ignores other things."

"The reason we wanted to make changes is that there were abuses going on, bounty hunters at work, and I thought people of goodwill were getting together to fix that," Johnson said. "But there's really nothing in it to address that."

Brennan said she expects state Rep. Dennis Jones, R-Treasure Island, to introduce a separate bill to prohibit kickbacks. Jones' bill has been introduced in two previous legislative sessions, but has never passed.

"There are three facets to the Baker Act reform," Brennan said. "One is our bill, the second part is [Jones') bill, and the third part is the appropriations bill."

A House appropriations bill is expected to contain money to help nursing homes train their employees to better handle the problems of elderly people with dementia, Brennan said.

She said her committee has carefully considered its proposed Baker Act changes and while some minor amendments may be made on the language on Wednesday, no major changes are warranted.

"Most of the people who have been writing are congratulating us on the bill saying it's a good product," she said.